Indecent Communications

FAQ Revenge Porn

A: No. You can be convicted for simply threatening to do so. The first man ever convicted was a 59-year-old male from Jedburgh. He threatened to unload an explicit video of his former partner to the internet. When confronted with his emails, he pled guilty at Jedburgh Sheriff Court and was sentenced to a £200 fine as well as a three-year court order forbidding contact with the victim.
A: You had consent or believe you had consent.
A: We defend persons charged with crimes, please contact Police Scotland.
A: The Scottish law mirrors Section 33 of the Criminal Justice and Courts Act of 2015 in England. However, Scottish law also stipulates that you intended to cause distress. This makes prosecutions in Scotland more difficult.

Unwanted sexual communication in Scotland is covered by the offences of “Communicating Indecently”, found in Section 7(1) of the Sexual Offences (Scotland) Act 2009, and “Causing a Person to See or Hear an Indecent Communication” in Section 7(2). If you have been charged with one of these offences, please get in touch with one of our expert sexual offences defence lawyers at the soonest opportunity. Early advice in such cases is vitally important, as what may have been an innocent exchange could see you facing harsh penalties. A conviction on indictment could mean up to five years imprisonment (and up to 10 where it involves communications with a young child). Our sexual offences solicitors are highly experienced in defending clients in such cases, and will seek to devise a solid defence strategy to ensure you the best outcome possible.

Communicating Indecently

This offence is committed when a person intentionally sends a sexual written communication or directs a sexual verbal communication to someone else without their consent and where there was no reasonable belief that the person was consenting.

The offence occurs only where the communication was made for the sexual gratification of the defendant, or in order to humiliate, distress or alarm the alleged victim. The communication can be in any form, such as written material, an excerpt from any written material such as a book or magazine, or a letter or email. Verbal communication of a sexual nature can also be in any form. The offence also covers sign language, and audio recordings of sexual activity.

Communicating Indecently with a Child

Section 24 of the 2009 Act deals with communicating indecently with young children (under 13), which carries a penalty of up to 10 years imprisonment or a fine or both. Section 34 makes it an offence to communicate indecently with an older children (from ages 13 to 15), where the maximum prison sentence is five years on indictment. Any sexual offence towards a minor is taken very seriously, and it is important you seek advice as soon as you are aware of allegations made against you from an experienced sexual offences defence solicitor.

Causing a Person to See or Hear an Indecent Communication

Where the offence of indecent communication covers the sending or directing of an indecent communication, the offence of Causing a Person to See or Hear an Indecent Communication covers the situation where the defendant has not sent or directed the communication to another person, but has caused another person to see or hear it. There are also the separate offences relating to children, (Sections 23 and 33) which could carry higher penalties on conviction.

Indecent Communications Legal Advice in Glasgow, Scotland

The criminal defence solicitors at Keith Tuck are highly experienced in sexual offence cases and are well accustomed to the handling of highly complex and sensitive cases, and managing large amounts of evidence. We understand the stress that sexual offence allegations can put you and your family under, so we will make every effort to robustly defend your case and get you back on track. We offer our services to both privately funded and Legal Aid clients. As criminal defence solicitors, we understand you may need our advice outside normal office hours, which is why we operate a 24 hour, 7 days a week service. We operate in Glasgow and the surrounding areas. Call us today on 0141 471 9296, or contact us via our online contact form.